What Happens When a Trucking Company Denies Liability After An Accident

When a trucking company denies liability following an accident, it means that the company (or its insurer) refuses to admit responsibility for the crash, or claims it was not legally at fault. Denying liability can take many forms: the company might assert that the truck driver was not negligent, argue that the accident was caused by another driver, road conditions or mechanical failure, or claim that the injured party was partly or wholly at fault.

Such denials are not uncommon. Trucking companies and their insurers often have legal teams or adjusters whose job is to minimize or reject claims. This can include shifting blame, questioning causation, or disputing the severity of injuries. For Illinois truck accident victims, a liability denial can be frustrating and confusing, especially when medical bills, lost wages, and long-term recovery are at stake. But a denial is not necessarily the end of the road for pursuing compensation.

Why Trucking Companies Deny Liability

Understanding why trucking companies or insurers deny liability helps explain some of their strategies—and what victims and their attorneys do in response:

Blaming the other driver or victim: The trucking company may claim that the other vehicle or the accident victim was at fault, either entirely or partially.
Questioning causation or injury severity: They may argue that injuries were pre-existing, or not caused by the crash, or that the crash did not cause as much damage as claimed.
Asserting “independent contractor” status: If the driver is classified as an independent contractor or “owner-operator,” the company might deny liability by arguing it had no control over the driver’s actions.
Pointing to mechanical failure or external factors: The company may assert that mechanical defects, weather, road hazards, or other external elements, not negligence, caused the accident.
Minimizing policy limits or financial exposure: Sometimes trucking companies or insurers may deny liability simply to avoid paying large settlements or to push victims toward lowball settlement offers.

Recognizing these tactics is a first step in understanding how to respond. Denial is often a negotiation strategy, not necessarily a final legal judgment.

Steps to Take After a Liability Denial

If a trucking company denies liability, accident victims should take proactive and strategic steps, especially in jurisdictions like Illinois, where trucking accident litigation and personal injury law can be complex. Here are key steps to take:

1. Don’t Accept the Denial as Final

A denial is not the same as a court ruling. It often reflects the trucking company’s or insurer’s initial legal stance, not a definitive judgment about fault or damages.
Insurance adjusters may deny or delay claims early on so that victims might get discouraged, settle quickly, or miss deadlines.

2. Review the Denial Carefully

Look for the insurer’s or trucking company’s formal denial letter. Insurers are typically required to provide a written explanation of why a claim was denied.
Analyze the reasons given: Was the denial based on lack of evidence? Allegations of contributory negligence? Missing documentation? Pre-existing injury? Understanding the stated reasons is critical because the denial letter can reveal weaknesses in the insurer’s argument or help shape your response.

3. Preserve and Gather Evidence

Start or maintain a robust investigation of the crash. This includes gathering:
- Accident scene photographs and videos
- Police and crash reports
- Eyewitness statements
- Trucking company records, driver logs, and maintenance records
- Electronic logging device (ELD) or “black box” data from the truck
Acting quickly is essential: ELD and black box data are often overwritten, and trucking companies only retain some data for a limited time unless it is formally preserved.
Also collect medical records, treatment documentation, and expenses that link your injuries to the accident because failure to treat or follow up medically can weaken your case.

4. Investigate the Trucking Company’s Compliance and Practices

Review whether the trucking company complied with applicable Federal Motor Carrier Safety Administration (FMCSA) regulations, such as hours-of-service rules, driver qualifications, vehicle maintenance, cargo loading, and inspection practices. Violations can reinforce a negligence case.
Look into driver hiring, training, and supervision practices. If the company hired a driver with a poor safety record or failed to properly screen or supervise the driver, you may be able to argue the company was negligent in hiring or entrusting the driver.
Check maintenance histories and inspection logs. If mechanical failures, such as brakes, tire blowouts, or load securement, contributed to the crash, and the company ignored or failed to maintain the vehicle properly, you can use that to support liability.

5. Hire an Illinois Truck Accident Attorney Experienced with Commercial Vehicle Crashes

Hiring a qualified Illinois truck accident attorney is critical. Truck accident litigation is highly technical, and trucking companies use specialized legal strategies that differ significantly from everyday car accident cases.
Attorneys specializing in trucking accidents know how to secure and analyze driver logs, black box data, company records, maintenance documents, and other discovery materials.
Lawyers can also work with expert witnesses, like accident reconstruction specialists, mechanical engineers, and trucking compliance experts, to build a persuasive case of negligence or regulatory violations.

6. File an Appeal or Demand with the Insurance Company

If the insurer provided a formal denial of your claim, there may be an opportunity to file an internal appeal or demand. This allows you or your attorney to submit additional evidence or challenge the insurer’s stated reasons for denial.
An appeal may also involve clarifying or correcting factual misunderstandings, rebutting the insurer’s arguments, or introducing expert testimony.
However, appeals aren’t always enough, especially if the insurer’s denial is based on fundamental disputes over fault or causation without new evidence.

7. Consider Filing a Personal Injury Lawsuit

If informal negotiations, appeals, or settlement efforts fail, a lawsuit may be necessary. Filing a lawsuit forces the trucking company and its insurer (or other parties) to formally respond in court and can trigger discovery, where you can obtain internal documents, deposition testimony, and other evidence that might not otherwise have been shared.
Litigation also allows you to bring expert witnesses before a judge or jury to present evidence on crash causation, injury severity, regulatory violations, and damages.
Going to trial can also increase leverage for settlement: the trucking company or insurer may offer a better settlement when they see you are prepared to litigate.
But lawsuits carry risks: court deadlines, legal costs, and the possibility of losing, so the decision should be made carefully with legal counsel.

8. Keep Thorough Documentation and Communications

From the moment of denial, victims should keep detailed records of all contacts with the trucking company, its insurer, or legal representatives. This includes denial letters, emails, phone logs, settlement offers, and any written communications.
Documenting how the insurer or trucking company handled your claim can help establish whether the insurer acted in “bad faith,” delayed the claim unfairly, or misrepresented facts, arguments that may become part of your litigation strategy.
Keeping track of medical treatment timelines, follow-up care, expenses, lost wages, and other losses is also essential to proving damages in court or settlement negotiations.

Potential Outcomes After a Truck Accident Denial

After a trucking company or insurer denies liability, several different outcomes are possible. The path your case takes will depend on how aggressive the trucking company is, how strong your evidence is, and whether you have skilled legal representation.

Settlement After Negotiation or Appeal

In many cases, a denial will give way to settlement negotiations once additional evidence is provided, or legal pressure is applied. If your attorney successfully counters the insurer’s arguments, demonstrates liability, and documents damages, a settlement may be reached, even after an initial denial. This can happen via formal appeal, negotiations, or direct settlement demands.

Settlement or Judgment Through Litigation

If informal settlement efforts are unsuccessful, filing a lawsuit can lead to:

A settlement at some point during litigation or mediation, often higher than the amounts offered early on.
A court judgment (after trial) awarding the plaintiff compensation for medical bills, lost earnings, pain and suffering, and other damages. In Illinois, such judgments can include damages for future medical costs or lost earning capacity, depending on the circumstances and expert testimony.
Apportionment of fault in jurisdictions that use comparative negligence rules, which might reduce an award if the plaintiff is found partially at fault. In Illinois, comparative negligence means that a plaintiff’s recovery can be reduced by their percentage of fault, and if that percentage is too high, recovery may be barred.
Potential appeal by either party, which can prolong resolution. Litigation timelines and costs vary, so these cases can take months or years.

Recovery from Other Liable Parties

If the trucking company or its insurer successfully avoids liability, even after litigation, there may still be other responsible parties who can be pursued for damages:

The truck driver directly, especially if the driver was operating outside the scope of employment, or was an independent contractor not covered by the trucking company’s liability.
Cargo loaders or freight companies responsible for loading, securing, or balancing the truck’s load, if improper loading contributed to the crash.
Maintenance or repair companies if mechanical failure due to faulty repairs led to the accident.
Manufacturers of defective truck parts or tires if a design defect or recalled component caused or contributed to a crash.
Municipalities or road maintenance entities, in rare cases, where poorly maintained roads, signage, or construction zones are found to have contributed to the collision.

Pursuing these alternative defendants can be more complex but may provide additional avenues for compensation when the trucking company denies liability.

Bad Faith and Insurance Penalties

In certain situations, if an insurer or trucking company is found to have wrongfully denied or delayed a claim without a reasonable basis, victims may have a bad faith claim or statutory penalties under Illinois law. Insurance bad-faith claims can add pressure on insurers to resolve claims more fairly. However, these claims are complex, and proving bad faith often requires showing that the insurer’s denial was unreasonable or made without proper investigation. While not always available, they can significantly affect negotiation leverage and potential recovery.

Why Denials Don’t Mean You’re Out of Options

A trucking company’s denial of liability is often a defensive posture: a way to avoid paying or to delay resolution. But denial is rarely the final word in truck accident cases. There are several reasons a denial does not have to block a plaintiff’s recovery:

Denial does not equal proof: Liability is typically not determined solely by the trucking company’s statements, but by evidence such as accident reconstruction, driver logs, maintenance records, and expert testimony.
Legal discovery can uncover hidden evidence: Once a lawsuit is filed, plaintiffs can subpoena records, depose company employees, and obtain black box or ELD data that might not have been voluntarily disclosed.
Expert analysis can rebut company narratives: Accident reconstructionists, trucking compliance experts, and mechanical engineers can often show that a trucker or trucking company violated safety standards or acted negligently, even in the face of a denial.
Other parties may share or assume liability: If the trucking company denies liability, plaintiffs may still recover from other parties who contributed to the crash—such as loaders, repair shops, manufacturers, or even road maintenance authorities. This can mean compensation is still possible even if the trucking company is not held fully responsible.
Settlement leverage increases when plaintiffs are willing to litigate: When a plaintiff is prepared to file a lawsuit and see the case through discovery and trial, trucking companies often become more motivated to settle, even after an initial denial.

Contact the Experienced Illinois Truck Accident Lawyers at John J. Malm & Associates

Facing a trucking company that denies liability after a crash can be one of the most frustrating parts of a truck accident case. But it doesn’t mean your claim is over. With thoughtful strategy, prompt and thorough evidence gathering, and skilled legal representation, plaintiffs can still pursue and often secure compensation for their damages.

At John J. Malm & Associates, we know how overwhelming it can feel when a trucking company denies liability after a devastating crash. Our dedicated team of Illinois semi-truck accident attorneys has the experience, resources, and determination to uncover the truth, hold negligent trucking companies accountable, and fight for the compensation you deserve. If you or a loved one has been injured in a truck accident, don’t let a denial stop you from pursuing justice. Call our office today for a free, no-obligation consultation and let us stand by your side every step of the way.